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144 ENAV – 2014 Financial Statements
ENAV has brought a civil action in the criminal proceedings against a former
chairman of the board of directors of ENAV, a former executive of ENAV
and senior management of a third party company – a former supplier of the
subsidiary Techno Sky – in connection with offences pursuant to articles
81, 319 and 321. This proceeding is in the process of being joined with
that involving another former executive of ENAV who has been charged
with the same offences, in relation to whom the Company will bring a civil
action.
An order has been issued to dismiss a criminal proceeding for an alleged
offence pursuant to article 323 of the Italian criminal code concerning a
former managing director and pursuant to article 640, paragraph 2.1 of the
Italian criminal code concerning a former executive.
As far as is known the criminal proceeding is continuing against an
executive of the Company for an alleged offence pursuant to article 378 of
the Italian criminal code following notification served on the respondent on
29 August 2013 giving notice that the preliminary investigations pursuant
to article 415-bis of the Italian code of criminal procedure have been
completed.
A criminal proceeding is pending against, amongst others, a senior
executive of a former construction planning company, a former managing
director and former director of ENAV and a senior executive of an ENAV
subcontractorconcerning alleged offences pursuant to article 110 of the
Italian criminal code, article 7, paragraphs 2 and 3 of Law no. 195/1974
and article 4, paragraph 1 of Law no. 659/1981, as well as alleged offences
pursuant to article 8 of Law no. 74/2000, with specific reference to
subcontracts regarding the contract for the modernization of Palermo
airport. In respect of this proceeding, on 8 April 2014 documentation
available to ENAV was delivered to the judicial authorities; in addition, the
Company has engaged a party to conduct a preliminary assessment on
adopting protection measures.
Following, amongst other things, the completion by settlement of
the criminal proceedings regarding offences emerging as part of the
investigations carried out by the Rome public prosecutor in the years 2010
and 2011 concerning former directors, former senior executives of suppliers
no longer in business and former senior executives and executives and
consultants of third party companies, ENAV has undertaken out-of-court
initiatives preliminary to any action designed to obtain compensation
for the damage, also to its reputation, caused to the Company, in order
amongst other things to interrupt the period of limitations.
In relation to the theftof the goods and materials belonging to ENAV that
were held on deposit with third parties, in February 2014 ENAV filed a
formal criminal complaint in addition torequesting the insurance company
to carry out verifications as to whether the loss is covered by the Company’s
policy.
Following the filing of the criminal complaint by ENAV, the public prosecutor
brought a criminal action, as part of which the Company has received as
the injured party a copy of a request for the immediate committal for trial